2008 Malegaon bomb blast case: Demand to reject the appeal challenging the accused’s acquittal

The families of the deceased have challenged in the High Court the decision of the Special Sessions Court to acquit all seven accused in the case related to the 2008 Malegaon bomb blasts. However, asserting that the reasons given in the appeal to overturn the order of acquittal were false, illegal, vague, irrelevant, baseless, and unreliable, one of the accused who had been acquitted opposed the appeal on Thursday and requested the court to dismiss it.

On the other hand, this appeal relates to the acquittal of the accused. However, the documents related to the case and evidence have not been submitted with the appeal. However, the division bench of Chief Justice Shri Chandrashekhar and Justice Gautam Ankhad pointed out that it is necessary to submit an authenticated copy of the order passed by the special court for the hearing of the appeal, along with other important documents related to the evidence. 

The court also clarified that the State Anti-Terrorism Squad (ATS), which had initially investigated the case, should make efforts to obtain these documents from the special court. In addition, the court directed the ATS to serve notices regarding the appeal to the other accused who had not yet received them, and scheduled the hearing for two weeks later.

Meanwhile, Sameer Kulkarni, who was acquitted, filed a reply opposing the appeal filed by the families of the deceased. Kulkarni, while filing his reply to the appeal, has also claimed that the reasons given in the appeal to quash the decision of his acquittal are false, illegal, unclear, irrelevant, baseless, and unreliable. He also demanded that the appeal be dismissed. He has also claimed in his appeal that he has been a victim of a false investigation by the investigating agency for the last 17 years. The relatives of the deceased have filed this appeal only to waste the court's time. Kulkarni has also claimed in his affidavit that the chargesheet filed by the National Investigation Agency in this case is illegal and that no one has challenged the decision to remove Mocca so far.

What is the case?
On 31 July, the special court established under the National Investigation Agency (NIA) Act acquitted seven accused, former BJP MP from Bhopal Sadhvi Pragya Singh, Lieutenant Colonel Prasad Purohit, retired Major Ramesh Upadhyay, Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi, and Sameer Kulkarni due to lack of evidence.

The special NIA court’s decision was incorrect and not in accordance with the law. Therefore, it should be overturned, such is the demand made through an appeal by Nisar Ahmed Syed Bilal and five others. Taking cognizance of this appeal, the court had issued notices to both investigating agencies as well as to the acquitted accused, directing them to file their responses.

Meanwhile, the victims have also argued in the appeal that defective investigation or certain lapses in the investigation cannot become grounds for acquitting the accused. They claimed that since the conspiracy was hatched in secrecy, direct evidence cannot be expected.